Small Estate Affidavit

What is a Small Estate Affidavit?

A Small Estate Affidavit is a sworn legal document signed under oath that can be used to transfer real and personal property from a person who has died (decedent) without a will (intestate) to distributes (heirs at law) without a formal probate proceeding.

What are the requirements to file a Small Estate Affidavit?

1. No petition for the appointment of a personal representative is pending or has been granted;
2. Thirty (30) days has passed since the death of the decedent;
3. The value of the estate, excluding homestead and exempt property, does not exceed $75,000.00;
4. An affidavit must be filed with clerk of court with jurisdiction and venue of the estate;
5. The judge approves of the affidavit;
6. The distributes of estate provide a certified copy of the affidavit to each person who owes money to the estate, has custody or possession of estate property, or acts as an agent for any other right belonging to the estate;
7. Certified copy of the affidavit and order of approval are filed in the county property records.

What statute governs the Small Estate Affidavit?

Chapter 205 of the Texas Estates Code.